IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
WP(C) NO. 17529 OF 2022
PETITIONER:
MOHAMMED THASREEF
AGED 45 YEARS, S/O.NOORUDDIN,
KMC 4, 407, BAITHUL FATHIMA, UMA NURSING HOME ROAD,
KARANADAKKAD, KASARAGOD DISTRICT, KERALA-671 121
BY ADV LIZA P.CHERIAN
RESPONDENT:
AUTHORISED OFFICER, CANARA BANK
KMC 8/74-A10, UPPER GROUND FLOOR,
CTM TOWER, VIDYA NAGAR, KASARGODE-671123
OTHER PRESENT:
SRI. LEO GEORGE (SC)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.17529 of 2022 2
JUDGMENT
This Writ Petition has been filed by the petitioner seeking the following reliefs.
2. The petitioner faces proceedings under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (also known as SARFAESI Act) for recovery of amounts due under loans taken from the respondent bank. The petitioner had earlier approached this Court through W.P.(C)No.6748/2021, challenging the demand notice and the possession notice issued in respect of the property mortgaged with the respondent bank. It is submitted that the said Writ Petition is pending and no orders have been passed thereon. It is also submitted that challenging the proceedings, a Securitisation appeal has also been filed before the Debt Recovery Tribunal and the same is also pending.
3. The learned counsel for the petitioner states that the sale of the property is scheduled on 27-06-2022 and prays that there may be a direction to consider Ext.P2 proposal for settlement of liabilities with the Bank. The learned counsel also states that to prove the bonafides of the petitioner, the petitioner is willing to W.P.(C) No.17529 of 2022 3 deposit a sum of Rs.5,25,000/-(Rupees Five Lakhs Twenty Five Thousand Only).
4. Having regard to the facts and circumstances of the case and taking into account the aforesaid submissions of the learned counsel for the petitioner and the learned counsel appearing for the respondent Bank, this Writ Petition will stand disposed of directing the competent authority of the respondent Bank to consider Ext.P2 representation. This shall be on condition that the petitioner pays, towards his liability a sum of Rs.5,25,000/- on or before 27-06-2022. Needless to say the sale proposal on 27-06-2022 will stand adjourned till a decision is taken on Ext.P2. If the sale proposed on 27-06-2022 is to be adjourned, the petitioner shall bear the cost of fresh advertisement or any other steps that may be required to be taken by the Bank for adjournment of sale.
Therefore this Writ Petition will stand disposed of with the above direction.
Sd/-
GOPINATH P.
JUDGE ats W.P.(C) No.17529 of 2022 4 APPENDIX OF WP(C) 17529/2022 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE SALE NOTICE DATED 12/05/2022 EXHIBIT P2 TRUE COPY OF THE OTS PROPOSAL ISSUED BY THE PETITIONER